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AntiFascist

(13,753 posts)
26. I have to disagree with you again...
Sat Aug 25, 2012, 06:33 PM
Aug 2012
http://www.washingtonpost.com/wp-dyn/content/article/2010/11/29/AR2010112905973.html

Wikileaks Founder Could be Charge under Espionage Act

"To the extent there are gaps in our laws," Holder continued, "we will move to close those gaps, which is not to say . . . that anybody at this point, because of their citizenship or their residence, is not a target or a subject of an investigation that's ongoing." He did not indicate that Assange is being investigated for possible violations of the Espionage Act.

...

"But when it comes to Assange, Jeffrey H. Smith, a former CIA general counsel, said: "I'm confident that the Justice Department is figuring out how to prosecute him."

Smith noted that State Department general counsel Harold H. Koh had sent a letter to Assange on Saturday urging him not to release the cables, to return all classified material and to destroy all classified records from WikiLeaks databases.

"That language is not only the right thing to do policy-wise but puts the government in a position to prosecute him," Smith said. Under the Espionage Act, anyone who has "unauthorized possession to information relating to the national defense" and has reason to believe it could harm the United States may be prosecuted if he publishes it or "willfully" retains it when the government has demanded its return, Smith said."


Also, there may be an international loophole where international law dictates that extradition cases are to be decided on a case by case basis (presuming that this could override Sweden's domestic law?)

Recommendations

0 members have recommended this reply (displayed in chronological order):

UK would have to agree to the ICJ hearing the matter ProgressiveProfessor Aug 2012 #1
Is That How the ICJ Works? On the Road Aug 2012 #2
Jurisdiction, in practice, is by consent struggle4progress Aug 2012 #7
In practice countries pick and choose when they'll recognize international courts. Posteritatis Aug 2012 #8
But what are the odds the court would even agree to hear the matter? cstanleytech Aug 2012 #3
There is also the issue that... AntiFascist Aug 2012 #5
Define "sufficient legal protections"? Spider Jerusalem Aug 2012 #12
Have consular authorities actually visited Assange? AntiFascist Aug 2012 #20
He rejected offers of consular assistance Spider Jerusalem Aug 2012 #23
That would probably be the best solution. Cleita Aug 2012 #4
Assange's legal team might want a quick peek at the Court's website before filing: struggle4progress Aug 2012 #6
This is going to be a case between Equador and the UK. backscatter712 Aug 2012 #11
The Spaniard Garzon is not Ecuador's representative but heads Assange's legal team: struggle4progress Aug 2012 #35
The dispute would be between Ecuador and the UK. JDPriestly Aug 2012 #13
Assange will take UK to ‘World Court’ if not given safe passage to Ecuado struggle4progress Aug 2012 #38
The International Court of Justice is likely to deny hearing Spider Jerusalem Aug 2012 #9
Assange would argue that the "ordinary crime" alleged against him and the charge JDPriestly Aug 2012 #14
There's no evidence of that Spider Jerusalem Aug 2012 #18
Wikileaks has evidence... AntiFascist Aug 2012 #15
Which has fuck-all to do with a criminal prosecution in Sweden. Spider Jerusalem Aug 2012 #16
On the contrary... AntiFascist Aug 2012 #24
That's absurd and nonsensical Spider Jerusalem Aug 2012 #25
I have to disagree with you again... AntiFascist Aug 2012 #26
The Congressional Research Service examined Espionage Act grounds for seeking indictment. Spider Jerusalem Aug 2012 #31
As of May 12, 2011... AntiFascist Aug 2012 #34
"seeking to close gaps in the laws" = ex post facto and thus unconstitutional Spider Jerusalem Aug 2012 #37
We'll see how this plays out.... AntiFascist Aug 2012 #41
Not really Spider Jerusalem Aug 2012 #42
"Closing the gaps".... AntiFascist Aug 2012 #43
Your citations of laws dating back to 1917, without mentioning how truedelphi Aug 2012 #46
The Espionage Act of 1917 is the only law that would apply. Spider Jerusalem Aug 2012 #47
The Justice Department? Of the United States of America? truedelphi Aug 2012 #50
About Assange.... mwooldri Aug 2012 #10
Only if Assange promises to go into custody if the Swedish prosecutors decide to arrest him hack89 Aug 2012 #17
And the reason for that tama Aug 2012 #27
If Ecuador and Assange refuse to recognize Sweden's right to arrest Assange if necessary hack89 Aug 2012 #28
"Who gets to decide what is justice?" tama Aug 2012 #33
So you have no practical solution that could solve the present impasse? hack89 Aug 2012 #36
Practical solution that could solve the present impasse tama Aug 2012 #40
Ah!!! The irony: JDPriestly Aug 2012 #19
"A country like Ecuador"... Spider Jerusalem Aug 2012 #22
Not extraditing tama Aug 2012 #29
"having the matter decided by a court"... Spider Jerusalem Aug 2012 #32
I have very little of such faith tama Aug 2012 #39
I thought nation states and their laws are very low on your list of priorities hack89 Aug 2012 #44
Nope tama Aug 2012 #45
The ICJ decided in 1950 that diplomatic asylum only applied if both countries had already agreed muriel_volestrangler Aug 2012 #21
the best of luck to him and his attorneys rachel1 Aug 2012 #30
Sure. Send him. cliss Aug 2012 #48
........ treestar Aug 2012 #49
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